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North Carolina v. Thomas11/19/1992
d defendant of his constitutional rights, and defendant replied that he understood his rights. Defendant then signed a rights waiver form. Defendant related the events of 21 February and 22 February basically as follows: Defendant stated that he went to the bar, drank beer, and shot pool with three women, including Wanda, the owner. Defendant claimed that he and the three women were all drunk and that he consumed about ten beers in an hour's time. He also said that he could tell that the three women were lesbians by the way they were acting. At about 2:00 a.m., he asked if there was some place they could go eat, and Whitley informed him that there was a place just around the corner. Whitley and one of the women said they would meet defendant and the victim at the restaurant. The victim said she was going to ride with defendant because she wanted to ride in a big truck. The victim got into the sleeper portion of the truck because defendant had a television and tools in the passenger seat and floor. While trying to find the restaurant, defendant and the victim got into an argument. They started to discuss why the victim and the other women were lesbians. Defendant then pulled into a parking lot in a warehouse to relieve himself. He got out, went to the bathroom beside the
truck, and then got back inside. The victim was still in the sleeper. Defendant and the victim again started talking about her being a lesbian, and he asked, "didn't a man satisfy her and reached over and touched her breast." The victim "backhanded" defendant. Defendant then "backhanded" the victim, and she fell back in the sleeper. When defendant went after the victim, she said, "You're going to rape me, I have been raped before," and she started taking her clothes off. Before she did this, defendant stated that he "lost it" and "hit her a few more times in the head." The victim was bleeding from the mouth and side of the head. After the victim took her clothes off, defendant "started kissing her and biting her, biting on her [breasts]." The victim was fighting, kicking, and screaming, and defendant knew he was getting too rough because the victim's breasts were bleeding. Defendant started playing with the victim's vagina and put four fingers inside of her. Defendant said to her, "My little [penis] ain't going to do anything for you," so he got some cream (waterless hand cleaner) from the floorboard and put it on his hands. He then stuck his hand "up her vagina past wrist in and out a couple of times." When defendant put his hand in a second time, he felt it getting sticky and pulled it out. He turned on the light in his truck and saw blood on his hand, on the victim, and on the bed. Defendant jumped back to the front seat. He then heard the victim say that she needed to urinate. He put the truck in gear and pulled around to some trees. The victim started crawling out, and defendant got out to help her. By the time defendant got around to the passenger door, the door was open, and the victim fell to the ground. Defendant grabbed the victim by her arms and dragged her into the woods on her back and left her lying on her back. The victim was still conscious because she said, "Leave me alone, let me die." Defendant left her lying in the woods and drove to Hoggard High School, where he was to make his first morning delivery.
Upon arriving at the school at approximately 4:30 a.m., defendant cleaned up the truck and wiped up the blood with a towel. He then got into the sleeper and went to sleep. At approximately 8:15 a.m., he was awakened and told that he could unload in an hour. While defendant was at the school, a woman called and asked him if he was the truck driver from Alabama who had been at the bar the previous night and was d
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